Bass Strait Central Zone Scallop Fishery (Closure) Direction 2017

Administered by Department of Agriculture

Legislation au F2017L00873 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Issued by the Authority of the

Australian Fisheries Management Authority

 

Fisheries Management Act 1991

 

Bass Strait Central Zone Scallop Fishery (Closure) Direction 2017

 

The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides, inter alia, that the Australian Fisheries Management Authority (the Authority) may, after such consultation as set out in s41A(2), direct that fishing is not to be engaged in the fishery, or a particular part of the fishery, during a particular period or periods.

Subsection 41A(2) also provides that, before the Authority issues a Direction, it must consult with the management advisory committee for the fishery, the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC), about the content of the Direction unless the Direction is issued in circumstances of an emergency.

The Fishery

The Bass Strait Central Zone Scallop Fishery (the Fishery) lies in the Bass Strait above the State of Tasmania and extends from the Victoria/New South Wales border, typically outside 3 nautical miles, around southern Australia to the Victoria/South Australian border. 

Management in the Fishery is through a combination of input and output controls in the form of individually transferable quotas with a Total Allowable Catch determined for each quota species for each fishing year. The main target species in the Fishery is the Commercial Scallop (Pecten fumatus). The Doughboy Scallop (Chlamys (Mimachlamys) asperrimus) is common throughout the Bass Strait. However it is rarely retained. The target species are caught primarily for the domestic market.

The harvest strategy for the Fishery contains measures for setting a Total Allowable Catch based on closing areas of the Fishery following research surveys to determine biomass estimates. This measure aims to ensure scallop beds of sufficient size and density are maintained to provide for ongoing recruitment in the Fishery.  

The Direction

The Direction closes two areas of the Fishery collectively estimated through an independent scientific surveying to contain 6555 tonnes of spawning size Commercial Scallops, while allowing for the remaining area of the Fishery to stay open to fishing. Research indicates that closing areas of scallops to fishing promotes recruitment to maintain the stock at sustainable levels.

The closures are consistent with the Harvest Strategy for the Fishery, which provides for a Total Allowable Catch of at least 2000 tonnes or more to be set should scallop bed(s) containing at least 3000 tonnes of scallops of a minimum size limit of 85 millimetres and high density be located and closed to fishing.

As specified under Tier 2 of the Harvest Strategy, identification and closure of a biomass of 3000 tonnes enables a total allowable catch to be set at 3000 tonnes.

 

 

Regulation Impact Statement

The Office of Best Practice Regulation has provided a standing carve out to AFMA (OBPR No: 14421) recognising that setting fisheries boundaries is a machinery decision under current regulatory settings and follows established procedures.

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

This legislative instrument does not infringe any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Accordingly, in the Authority’s assessment, this legislative instrument is compatible with human rights.

Consultation

Subsection 41A(2) of the Management Act provides that, before giving a direction, the Authority must consult the ScallopMAC and consider their views. The Authority may also consider the views of other interested persons. 

The Authority consulted on the proposed closures for the 2017 fishing year with the Scallop Resource Assessment Group on 14 June 2017, and with ScallopMAC on 15 June 2017. Both ScallopRAG and ScallopMAC supported the areas to be closed. 

The Authority is satisfied that the Direction is consistent with the objectives of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 as well as with its obligation to pursue the objectives set out in Section 3 of the Management Act in particular the objective concerned with the sustainability of fisheries resources (section 3(1)(b)).

 

Details of the Direction are set out below:

 

Clause 1

Provides for the Direction to be cited as the Bass Strait Central Zone Scallop Fishery (Closure) Direction 2017.

Clause 2

Provides that the Direction commences on the day after registration on the Federal Register of Legislation.

Clause 3

Provides that the Direction is repealed on 31 December 2017 unless earlier revoked.

Clause 4

Provides that a term used in the Direction and in the Plan or Act has the same meaning in the Determination as in the Plan or Act.

Clause 5

States to whom the Direction applies.

Clause 6

Prohibits fishing in the following areas of waters of the Bass Strait Central Zone Scallop Fishery: 

 

Apollo Bay Beds 1-4

The area of waters contained within and bounded by a line:

  1. commencing at the point of intersection of latitude 144o05.196’ south, longitude 39o7.542’ east and running progressively;
  2. then south along that meridian to its intersection with the parallel of latitude 39o08.466’ south;
  3. then west along that parallel to its intersection with the meridian of longitude 144o03.912’ east;
  4. then south along that meridian to its intersection with the parallel of latitude 39o09.996’ south;
  5. east along that parallel to its intersection with the meridian of longitude 144o05.196’ east;
  6. then south along that meridian to its intersection with the parallel of latitude 39o10.542’ south;
  7. east along that parallel to its intersection with the meridian of longitude 144o08.682’ east;
  8. then north along that meridian to its intersection with the parallel of latitude 39o08.884’ south;
  9. east along that parallel to its intersection with the meridian of longitude 144o09.798’ east;
  10. then north along that meridian to its intersection with the parallel of latitude 39o07.542’ south;
  11. then west along that parallel to the point of commencement.

Flinders Island Beds 1-4

The area of waters contained within and bounded by a line:

  1. commencing at the point of intersection of latitude 148o03.00’ south, longitude 39o11.40’east and running progressively;
  2. then south along that meridian to its intersection with the parallel of latitude 39o19.80’ south;
  3. east along that parallel to its intersection with the meridian of longitude 148o07.80’ east;
  4. then north along that meridian to its intersection with the parallel of latitude 39o10.176’ south;
  5. east along that parallel to its intersection with the meridian of longitude 148o09.12’ east;
  6. then north along that meridian to its intersection with the parallel of latitude 39o08.94 south;
  7. then west along that parallel to its intersection with the meridian of longitude 148o06.48’ east
  8. then south along that meridian to its intersection with the parallel of latitude 39o10.176’ south;
  9. then west along that parallel to its intersection with the meridian of longitude 148o05.142’ east
  10. then south along that meridian to its intersection with the parallel of latitude 39o11.40’ south;
  11. then west along that parallel to the point of commencement.

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Bass Strait Central Zone Scallop Fishery (Closure) Direction 2017, issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, addresses the need to manage and conserve the scallop fishery in the Bass Strait to ensure its sustainability. This legislative instrument was enacted to close specific areas of the fishery to fishing activities, as part of a broader strategy to maintain scallop stocks at sustainable levels. The closures are based on scientific research indicating that such measures promote recruitment and maintain the stock. Prior to issuing the Direction, AFMA consulted with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee, as required by the Act, to ensure the closures align with the fishery management plan and the sustainability objectives of the Act. This Direction aims to support the objectives of the Bass Strait Central Zone Scallop Fishery Management Plan 2002, particularly focusing on the sustainable management of fishery resources. The closures, which are set to be in effect until 31 December 2017, were supported by both the Scallop Resource Assessment Group and the Management Advisory Committee, ensuring that the legislative action is consistent with the broader fisheries management objectives. The Direction also adheres to human rights compatibility as assessed by the Office of Best Practice Regulation.

Scope and Application

The Bass Strait Central Zone Scallop Fishery (Closure) Direction 2017 applies to the activities of all persons and entities engaged in fishing within the designated areas of the Bass Strait Central Zone Scallop Fishery. This legislation is enacted under the Fisheries Management Act 1991, providing the Australian Fisheries Management Authority (AFMA) with the authority to direct the closure of specific fishing areas to protect and manage scallop stocks. The geographic scope of this Direction covers the waters of the Bass Strait above the state of Tasmania, extending from the Victoria/New South Wales border to the Victoria/South Australian border. The Direction prohibits fishing activities in two specific areas: the Apollo Bay Beds 1-4 and the Flinders Island Beds 1-4, which have been identified through scientific surveys as containing significant biomasses of spawning size Commercial Scallops. This closure is intended to promote the recruitment of scallops and maintain the stock at sustainable levels, in line with the Harvest Strategy for the fishery. The Direction is subject to consultation with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee and other interested parties, ensuring that the management actions are supported by relevant stakeholders. The Direction is in force from the day after its registration on the Federal Register of Legislation until 31 December 2017, unless earlier revoked by the Authority.

Key Provisions

The main operative sections of the Bass Strait Central Zone Scallop Fishery (Closure) Direction 2017 (the Direction) under the Fisheries Management Act 1991 (the Management Act) include Clause 5, which states to whom the Direction applies, and Clause 6, which prohibits fishing in specific areas of the Bass Strait Central Zone Scallop Fishery. The Direction applies to all persons engaging in fishing activities within the specified areas of the fishery. Clause 6 specifically prohibits fishing in the Apollo Bay Beds 1-4 and Flinders Island Beds 1-4, areas identified as containing significant biomass of spawning size Commercial Scallops, in line with the Harvest Strategy for the fishery. The Direction imposes several obligations on the parties or entities it governs. Primarily, it mandates that no fishing activities are to be conducted in the specified closed areas, namely Apollo Bay Beds 1-4 and Flinders Island Beds 1-4. This prohibition is intended to protect the spawning scallop population and maintain the fishery's sustainability by allowing the scallop beds to recover and ensure ongoing recruitment. The Authority must also consult with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) before issuing the Direction, as stipulated under Subsection 41A(2) of the Management Act. Such consultation ensures that the stakeholders' views are considered in the decision-making process. Any breach of the provisions outlined in the Direction may result in offences and penalties. While the Direction itself does not explicitly detail the penalties for non-compliance, breaches of the Fisheries Management Act 1991 can attract significant penalties. For instance, under Section 124 of the Management Act, penalties for contravening the provisions of the Act include fines of up to $22,200 for individuals and $111,000 for corporations, reflecting the seriousness of the offence. Additionally, any person found fishing in the closed areas may be subject to enforcement actions, including the confiscation of fishing equipment and potential legal proceedings. The precise penalties and enforcement actions would be determined in accordance with the relevant provisions of the Management Act and any other applicable laws.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.